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Md. Gun Law Found Unconstitutional
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Maryland’s requirement that residents show a “good and substantial reason” to get a handgun permit is unconstitutional, according to a federal judge’s opinion filed Monday.
States can channel the way their residents exercise their Second Amendment right to bear arms, but because Maryland’s goal was to minimize the number of firearms carried outside homes by limiting the privilege to those who could demonstrate “good reason,” it had turned into a rationing system, infringing upon residents’ rights, U.S. District Judge Benson Everett Legg wrote. |
Walking Jeff Cooper’s path
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Almost 31 years ago as this is written, I attended my first session at a major training site and learned the Weaver shooting stance from none other than Jeff Cooper. No matter what you think of the late Colonel Cooper personally, if you deny him as the progenitor of all the various schools of thought we now see in modern firearms training and practical competition, you deny reality. |
Gun Sales Skyrocket in February
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Gun sales continue to increase -- more background checks were requested in February than in any other month except for last December. The FBI reports that gun sellers asked for 1,749,903 background checks last month, up nearly 400,000 from January and behind December's 1,862,327 as the most ever in a single month. Virtually every background check results in a gun sale. Many observers say the prospect of President Obama being re-elected is spurring the sales spike. Gun sales skyrocketed just after he was elected in November 2008 and we are apparently seeing the same thing again. |
Fight Back Against FOX's Ban on Gun Ads During UFC Events
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Responding to an NSSF request that FOX Sports Media Group lift a ban on advertisements featuring firearms and ammunition from its coverage of Ultimate Fighting Championship (UFC) events, the network responded with a form letter re-stating its anti-gun / anti-hunting policy, and confessing that its policy extends to all national and cable broadcasts. NSSF is encouraging all gun owners, sportsmen and firearms enthusiasts to contact FOX today and voice their outrage over this ill-considered corporate policy. FOX’s decision to ban advertisements for lawful products owned by more than 80 million Americans is nothing more than corporate gun control – and it is certainly not “fair and balanced.” |
MN: Dayton vetoes 'castle doctrine' self-defense bill
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Gov. Mark Dayton vetoed the so-called "castle doctrine" self-defense bill on Monday.
The proposal, supported by the gun-rights groups and opposed by Minnesota's law-enforcement organizations, would have expanded the legal justification for citizens who use deadly force in threatening situations.
The bill, sponsored by Rep. Tony Cornish, R-Good Thunder, and Sen. Gretchen Hoffman, R-Vergas, was the top priority of the National Rifle Association and drew some DFL votes in addition to near-unanimous Republican support. The measure passed by votes of 40-23 in the Senate and 85-47 in the House. |
Fearing second Obama term, Americans stock up on guns
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Fort Worth’s Star-Telegram reports that shops from coast-to-coast are reporting artillery storages because Americans who cling to guns want to continue clinging to them should Obama win re-election.
“We’re at the top of the roller coaster and we’re about to plummet down the side,” DeWayne Irwin, owner of the classily named Cheaper Than Dirt gun shop, told the paper. “It’s fixing to happen again. I don’t know if it will be to the same extent it was before, but I see it coming… People are terrified he’s going to get re-elected and then he won’t care about getting votes next time. |
CA: Adelanto gun-rights activist sues police for illegal search
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Their complaint claimed officers Maurice Duran and Barry Belt illegally detained, searched and battered them. Belt took their wallet and patted them down despite their objection, according to the complaint.
“The officers don’t have the right to detain or handcuff someone unless they believe the person committed a crime,” Birdt said.
It was legal in California to carry an unloaded handgun in plain sight at the time, though a bill signed in January by Gov. Jerry Brown made open carry illegal.
“They are free to check the gun, which takes about 10 seconds,” Birdt said. “They can’t detain them for 15 minutes, berate them by names. They’ve done nothing wrong.” |
MD: Right to carry victory in Maryland: Woollard v. Sheridan
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In today’s decision on the merits, the “good and substantial reason” requirement was ruled to violate the Second Amendment. The court held that the Second Amendment right is not limited to self-defense in the home. It also includes the militia and hunting. None of the Second Amendment rights can logically be confined solely to the home: “In addition to self-defense, the right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment‘s protections must extend beyond the home: neither hunting nor militia training is a household activity, and ‘self-defense has to take place wherever [a] person happens to be’.” |
IL: Anti-Gun Bills Make Way Through Illinois Legislature
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Flurry of Anti-gun Bills Saturates the Illinois Legislature -- But one bill would repeal the FOID card! As you are probably aware, Chicago Mayor Rahm Emanuel is pressing for increased gun controls in Springfield. According to press reports in the state, “Chicago Mayor Rahm Emanuel recently called for a mandatory gun registration with a $65 fee [which] would pay for improving a background-checking system that has failed to process 100,000 mental health records.” Of course, including mental health records in the background check means that more military veterans who are suffering from PTSD will be denied their firearms rights. This has already happened to more than 150,000 vets nationwide. |
DC: D.C. Official: Being a Victim Better than Owning a Gun
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With Washington, D.C. residents concerned about violent crime soaring 40 percent in the first two months of the year, one would have thought that District officials would have had a better response than, victimhood is better than self-defense. Unfortunately, they didn’t. “It is much better, in my opinion, to be scared, to be frightened, and even if you have to be, to be injured, but to walk away and survive,” said Paul Quander, District of Columbia’s deputy mayor for public safety and justice. |
UT: 911 tapes reveal terrifying moments after fatal home invasion
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"SPRINGVILLE — Terri Yarrington was out of breath and audibly frightened when she called 911 a little before 3 a.m. on March 1.
"We got robbed, and we were cooperating with the guy," Yarrington told the dispatcher. "And my husband was finally able to get to his gun, and he shot him."
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Submitter's note: DON'T sit there and talk to the dispatcher. It's the same as talking directly to a prosecutor. Tell them you stopped an intruder, he needs an ambulance, then hang up. |
'Make My Day Better' bill to grant businesses self-defense protections fails in Colo. Senate
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Colorado Senate Democrats rejected legislation to expand self-defense protections for businesses, saying Monday the proposal would give too much leeway to use deadly force against suspected intruders.
"This dramatically changes self-defense," said Sen. Rollie Heath, a Democrat from Boulder.
Colorado homeowners already have self-defense protections against invaders under the state's "Make My Day" law. The proposal to expand those protections to businesses was dubbed "Make My Day Better."
The bill, which earlier passed the GOP-controlled House, failed Monday on a 3-2 party-line vote in a Democratic-led committee known for rejecting Republican proposals. The defeat was expected. |
The battle for gun rights goes on
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I remember a time, just 10 short years ago, when it seemed like the issue of gun control had died. In 2001, when the second Million Mom March was held, only 200 people showed up to protest Americans' constitutionally-guaranteed right to bear arms.
After the hysteria of the first march against gun rights, the dramatic failure of a follow-up rally seemed like the end of a movement.
For supporters of the Second Amendment like myself, it appeared that the tide of anti-gun propaganda had been dashed against the rocks of constitutional wisdom. Sadly, the intervening decade has proven that such hopes were unfounded. |
Video: Racism, Guns and Ron Paul
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“Part of the way African Americans were kept as second class citizens in America was by denying them access to guns,” says Adam Winkler, author of Gunfight: The Battle over the Right to Bear Arms in America, "I think America is a violent society not because of our guns, but because of our culture." Winkler sat down with Reason.tv's Tracy Oppenheimer to "tell the amazing story of America's complicated history with guns" and share his revelations about the founding fathers, the NRA and even Ron Paul. |
MD: Federal judge finds right to bear arms not limited to home, Md. handgun law unconstitutional
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The Second Amendment right to bear arms is not limited to the home and Maryland’s requirement that residents show a “good and substantial reason” to get a handgun permit is unconstitutional, according to a federal judge’s opinion filed Monday.
The right to bear arms has historically been understood to allow for militia membership and hunting, which extends the right beyond the home, U.S. District Judge Benson Everett Legg wrote. States can channel the way residents exercise their rights, but because Maryland’s goal was to minimize the number of firearms outside homes by limiting the privilege to those who could demonstrate “good reason,” it had turned into a rationing system, he wrote. |
OK: Neighbor Says OKC Man Who Shot, Killed His Grandson Is Peaceful
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A police spokesman told News 9 what happened Sunday night in the 3700 block of N.W. 14th street was "cut and dry" self-defense. It's the third time in less than three months a local person shot a family member. Two of these cases were fatal.
Through his screen door Monday morning, 80-year-old George McPhetridge told News 9 he'll never be okay after what police are already convinced he was forced to do Sunday night. He shot and killed his 26-year-old grandson, who police say lunged at McPhetridge with a knife. |
MD: Federal judge says gun owners need not provide 'good reason,' rules Maryland law unconstitutional
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Maryland residents do not have to provide a "good and substantial reason" to legally own a handgun, a federal judge ruled Monday, striking down as unconstitutional the state's requirements for getting a permit.
U.S. District Judge Benson Everett Legg wrote that states are allowed some leeway in deciding the way residents exercise their Second Amendment right to bear arms, but Maryland's objective was to limit the number of firearms that individuals could carry, effectively creating a rationing system that rewarded those who provided the right answer for wanting to own a gun. |
AL: Armed citizens are true protectors
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There is legislation before the Alabama House and Senate designed to clean up convoluted and conflicting laws pertaining to our citizens' right to carry a firearm in defense of self, family, property and third persons perceived to be in mortal danger. Several law enforcement activities and officials oppose the legislation simply because it is deemed "bad."
Really?
The Alabama constitution bestows a right to bear arms, yet some law enforcement officials, who I assume were sworn to uphold Alabama laws, deem that right is alienable - without due process, of course. |
CO: Colorado Supreme Court ruling: Guns allowed on CU campuses
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The state Supreme Court ruled Monday that the University of Colorado cannot ban concealed-weapon permit holders from bringing their guns to campus.
And while gun-rights activists are celebrating the ruling, CU says it discounts the regents' authority to govern safety on its campuses.
Colorado's highest court sided with Students for Concealed Carry on Campus, a gun-rights group that filed a lawsuit against CU in 2008, arguing that a university policy banning concealed weapons from its campuses violates state gun laws. |
CO: Courts Rule Colorado Campuses Must Allow Concealed Carry
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While the Virginia Assembly continues to bow down to public universities and colleges, allowing them to run roughshod over our right to self-defense, Colorado courts see things differently.
This is the case we need to take to court in Virginia: show us where the General Assembly ever gave the authority to colleges and university to ban guns.
That’s a very different question than asking if such a ban is constitutional. |
Magic Monday: Second win for gun rights posted in Colorado
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Monday, March 5 may have set some kind of record for gun rights victories, as the Colorado Supreme Court handed a significant win to Students for Concealed Carry on Campus (SCC) by upholding provisions of the state’s Concealed Carry Act (CCA).
Filing amicus briefs in the case were the Bellevue-based Second Amendment Foundation and the National Rifle Association. Additional briefs were filed by the Rocky Mountain Gun Owners and the County Sheriffs of Colorado and Independence Institute. Opposing briefs were filed by the Brady Center, Colorado Ceasefire and Greater Denver Million Mom March. |
Maryland Ruling a 'Huge Victory' for Second Amendment, Says SAF
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"This is a monumentally important decision," said SAF founder and Executive Vice President Alan M. Gottlieb. "The federal district court has carefully spelled out the obvious, that the Second Amendment does not stop at one's doorstep, but protects us wherever we have a right to be. Once again, SAF's attorney in this case, Alan Gura, has won an important legal victory. He was the attorney who argued the landmark Heller case, and he represented SAF in our Supreme Court victory in McDonald v. City of Chicago." |
IA: Gun-law changes likely stalled in the Iowa state Senate
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A key state Senate committee leader said Monday he does not expect two gun-related measures approved by the House to get consideration this session.
Sen. Eugene Fraise, D-Fort Madison, chairman of the Senate Judiciary Committee, said he was not inclined to move separate pieces of legislation -- one a resolution for a constitutional amendment to protect gun rights and a second bill dealing with the justifiable use of reasonable force to defend oneself -- through his committee before the March 16 deadline for measures to clear one chamber and a committee of the other to remain eligible for debate this year. |
PA: Gun carriers who asked to move polling place find church policy also bans weapons
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Duane Sellers, chairman of Martic Township supervisors, last week asked the Lancaster County Board of Elections to return Martic's polling place to Mount Nebo United Methodist Church.
Among the reasons he cited for moving it out of Martic Elementary School, where it was relocated last year, is because voters are not allowed to carry guns on school grounds.
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According to the United Methodist Church's governing doctrines, however, guns are not welcome on the Mount Nebo UMC property. |
CO: For the seventh straight year, Democrats kill Make My Day Better measure
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Gardner, a state representative from Yuma, introduced the bill every year from 2006 through 2010. Every year the bill died in the Democratic-controlled legislature.
Gardner in 2010 won a seat in Congress, but other lawmakers carried the torch. Two House Republicans, Chris Holbert of Parker and Jon Becker of Fort Morgan, and Sen. Kevin Grantham of Cañon City, carried the measure this year.
The bill made it out of the GOP-controlled House, but died in a Democratic-controlled Senate committee. |
MD: Maryland’s ‘good reason’ gun law voided
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His lawsuit, filed in 2010 against state police and the review board, was backed by the Second Amendment Foundation, a Bellevue, Wash.-based gun rights advocacy group.
The state attorney general's office, which represented the defendants in the case, said it will appeal the ruling to the 4th U.S. Circuit Court of Appeals.
In his ruling, Judge Legg notably cited two Supreme Court precedents — 2008’s District of Columbia v. Heller, in which the court ruled that the Second Amendment may extend to public places, and 2010’s McDonald v. City of Chicago, in which the justices ruled that such a decision also should apply in states as it did in the District, which is a federal enclave. |
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